Master User Agreement Acceptance Of Terms
This Master User Agreement constitutes a binding contract between you, the User, and Mytriptourism Online Pvt. Ltd. with regard to the use of various services that are provided by Mytriptourism Online Pvt. Ltd.
1.1 Mytriptourism Online Private Limited ("Mytriptourism"), a company incorporated under the laws, Mytriptourism provides various travel related services through its Website (www.Mytriptourism.com), retail outlets, mobile-cellular technology as well as through its call-center. Precious
1.2 Mytriptourism shall provide you ("User") travel-related information, pricing, availability and reservations for airlines, hotels, railway, holiday packages, bus and car rentals across cities and rural areas ("Service/s or Mytriptourism Services"). These Services may be availed by the users at any time during the year as is offered by various third party vendors like airlines, hotels, etc.("Service Providers").
1.3 This Master User Agreement("Agreement")is applicable to all Mytriptourism Services. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions of service("TOS") for each such Service, which may be updated or modified by Mytriptourism from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail
1.4 Mytriptourism Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Mytriptourism Services.
1.5 Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers fare rules, contract of carriage or house rules.
1.6 Mytriptourism at its sole discretion reserves the right not to accept any order placed by the User through the Website without assigning any reason thereof. Any contract to provide any service by Mytriptourism is not complete until full money towards the service is received from the User and accepted by Mytriptourism.
Modification of Terms
Mytriptourism reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
4.1 The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Mytriptourism Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
4.2 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Mytriptourism name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
Disclaimer of Warranties/Limitation of Liability
5.1 Mytriptourism has endeavored to ensure that all the information provided by it is correct, but Mytriptourism neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Mytriptourism makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
5.2 To the extent Mytriptourism acts only as a booking agent and facilitator of Services on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the User as regards the standards and rendering of services by the service providers. In no circumstances shall Mytriptourism be liable for the services provided by the service provider.
5.3 Although Mytriptourism makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
Also, Mytriptourism is not the service provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by the service providers. Mytriptourism acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Service Providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers. All refunds to User/customer on account of cancellation of any tickets/services or otherwise shall be made subject to receipt of such refunds by Mytriptourism from the respective Service Provider including Airlines.
5.4 Mytriptourism does not endorse any advertiser on its website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5.5 Mytriptourism does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
5.6 In no event shall Mytriptourism be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from Mytriptourism.
Neither shall Mytriptourism be responsible for the delay or inability to use/avail the Website or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from Mytriptourism, whether based on contract, tort, negligence, strict liability or otherwise. Further, Mytriptourism shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond Mytriptourism's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Website/Mytriptourism is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability on part of Mytriptourism arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User/customer for providing the services less any cancellation, refund or others charges, as may be applicable. In no case Mytriptourism shall be liable for any consequential loss, damage or additional expense whatsoever. In no event Mytriptourism shall be liable for any kind of refunds/returns of charges/fee/fares paid to Service Provider for rendering the services to User/customer.
Use of Communication Services
8.1 The Website may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- The Supplier, not the Operator, is the vendor of your travel inventory. The Supplier, as vendor, collects and remits taxes including but not limited to sales and use taxes, value added tax, excise tax, facility taxes, and other imposed taxes to the applicable tax authorities wherever applicable. Operator is not a vendor or co-vendor associated with the Supplier. The service charge or Fees imposed by Operator on your reservation is retained by Operator solely to service and fulfill your reservation requests.
- Rates are only guaranteed after receipt by Operator of full payment and acceptance of your offer to purchase. Adjustments to rates will not be made after full payment and acceptance of your offer to purchase, nor shall any subsequent rate reduction be made retroactive. Rates and schedules are subject to change without notice prior to payment and acceptance of your offer to purchase.
- Children's rates may be available at the discretion of the Supplier, and will be quoted with the total package price upon request and if available. Children's rates for hotels generally apply only when sharing a room with two paying adults and/or subject to Supplier's rules.
- Generally, restrictions apply to children and minors travelling alone, and Suppliers' rules may forbid such travel. It is your obligation to check the information on the Site before making a reservation for an individual traveling alone who is under the age of 21.
- Rates, Hotel Fees, Cruise Fees, and Car Fees do not include any additional fees imposed by the Supplier for cribs, rollaway beds, resort fees, baggage fees, gratuities, meals and beverages, mini-bar snacks, shows, tours, tips, telephone calls, liquor, laundry, car seats, GPS devices, and other surcharges or other services and purchases of a personal and/or supplementary nature which are not otherwise specified in the quoted rates or which are excluded from the price. The Supplier will assess these additional fees, charges, and surcharges directly to you. All personal charges must be paid at the time of service, prior to departure from the hotel, or as designated by Supplier.
- A major credit card or cash deposit may be required upon check-in at the hotel, rental of a car, and embarkation on a cruise.
- Fees assessed by payers' credit card processer, including international credit card transactions fees, will not be refunded by Operator. Note that Operator may use credit card processors that process the credit card payment transaction outside your local area.
8.2 Mytriptourism will review materials posted through Communication Service and shall remove any materials in its sole discretion. Mytriptourism reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
8.3 Mytriptourism reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mytriptourism sole discretion.
8.4 Mytriptourism does not control or endorse the content, messages or information found in any communication service and, therefore, Mytriptourism specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User's participation in any communication service.
8.5 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
8.6 When you register with mytriptourism.com, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.
Interactive Use of this Site
Operator may provide you with forums ("Interactive Forums") that enable you and other third parties to post information and reviews of your travel experiences or other associated content ("Content"). You agree that any use of the Interactive Forums shall
(i) be at your own risk;
(ii) not include publication on the Site, through any method or format, of Content that infringes upon the rights of any party, including any intellectual or proprietary rights; invades the privacy rights of any party; is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable as determined in Operator's sole discretion; and/or contains viruses or other harmful files. OPERATOR, ITS AGENTS AND/OR EMPLOYEES WILL NOT BE, RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR EXPOSURE TO THE INTERACTIVE FORUMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPERATOR AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSSIBLIITY OF DAMAGES. You grant to Operator and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to amend, remove, delete, supplement, publish, distribute, translate, reproduce, and publicly display the Content without notice to you or any third party. Operator has the right to treat the Content as non-confidential and Operator has no obligation to amend, remove, supplement, publish, distribute, translate, reproduce, and publicly display, or offer payment for the Content
Licenses and Ownership
All content included on this Site, including but not limited to, data, content, graphics, sound, artwork, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts and computer code, is the property of Operator or the Suppliers of Operator and is protected by United States and international copyright laws. Operator, its subsidiaries, and other third parties own the marks displayed on this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks without the express written permission of Operator or the party that owns the mark. Any software that is available on this Site is owned by Operator or its Suppliers. The software on this Site is subject to either the Terms and (i) any license agreement provided at the time of initial use by you or (ii) if no license agreement is provided to you at the time of initial use by you, a grant by Operator of a license for you to use the software for your personal, non-commercial, non-transferable purpose. No warranty or guarantee is made as to the software on this Site.